negotiable act 1881
Querist :
Anonymous
(Querist) 21 June 2010
This query is : Resolved
sir,
one person has filed about 100 criminal cases under 138 niact 1881 against various persons tollalling around 90 lakhs.he has stated in his complaint he has lent as friendly loan @2%p.m. he also stated that he given without maintaining any books.and given in cash .he does nt have money lending licence.does his debt covered under legally enforcable debt??? any judgement on this subject?? plz provide me as soon as possible
B K Raghavendra Rao
(Expert) 21 June 2010
Burden of proving that he had lent money is on the complainant. If this is satisfied, then the law presumes that the accused has committed an offence unless the presumption is rebutted squarely.
It all depend upon how the complainant convinces the court that he had lent the money by cash both in his complaint and during his cross-examination.
